Sui bing

124 idea

◆ Preface

Scripted, Chinese idiom, pinyin is zhào běn xuān kē, which means reading articles according to books; Describe a lecture, speech, etc. Sticking to the text and notes, not playing, not vivid. It's from Dream of West Shu.

◆ Why are traffickers not all sentenced to death?

◆ Is there no doubt that "no doubt" is to let the bad guys get away with it?

Reference, a term in China's pre-Qin philosophy, is a method used by Han Fei to test the correctness of cognition. "Reference" is comparison and "test" is verification. "Reference" is to verify understanding through inspection and comparison.

◆ Does the intellectual property system allow a few people to legally "monopolize" knowledge?

Patent literally refers to exclusive rights and interests. The word "patent" comes from Latin "Litterae patentes", which means open letters or open documents. It is a certificate used by medieval monarchs to issue certain privileges, and later refers to the exclusive right certificate signed by the British king himself.

In modern times, patents are generally documents issued by government agencies or regional organizations representing several countries according to their applications. This kind of document records the contents of the invention and creation, and in a certain period of time, it has produced such a legal state that the patented invention and creation can only be implemented by others with the permission of the patentee. In China, there are three kinds of patents: inventions, utility models and designs.

◆ Is the bankruptcy system a sharp weapon for Lao Lai to "escape debts"?

Bankruptcy administrator refers to a specialized agency that takes over bankruptcy property under the command and supervision of the court and is responsible for its custody, cleaning, valuation, disposal and distribution. It is also called "bankruptcy liquidation group" in China's current legislation. In bankruptcy cases, the management and liquidation of bankruptcy property is heavy and complicated, and a large number of legal affairs are mixed with professional and technical non-legal affairs, which is far beyond the scope of the court's human and material resources. Moreover, the court, as an independent judicial organ, has the nature of public law, but the management, price change and distribution of bankruptcy property are private matters and are not suitable for the court to handle.

Although the target enterprise is not well managed, the industry prospect or industry advantage still exists and there is hope of rebirth. At this time, under the auspices of the court, the parties concerned reached an agreement with the debtor to help the enterprise resume its operation and get back its money after the enterprise resumed its profitability, so as to achieve a win-win situation.

When the debtor is insolvent, the creditor has the right to stop profit and stop loss through bankruptcy. Enterprises can be reborn through bankruptcy reorganization.

◆ Is procedural justice valuable? Why would you rather have a wrong result than a legal procedure?

◆ Why do young children and mental patients kill with impunity?

Is it because lawyers are "black-hearted" that the lawsuit may not be won?

Zero-sum game, also known as zero-sum game, is a game theory concept opposite to non-zero-sum game and belongs to non-cooperative game. Zero-sum game means that in a game, players lose and win, and one side wins just as the other side loses, and the total score of the game is always zero. Behind the glory of the winner is often the sadness and bitterness of the loser. Examples are gambling and futures.

The idiom "Yi Yan Soup" explains the plaque when the store said it was the only price in the past. Now it is compared to the feudal paternalistic style in which leaders lack democratic style, act arbitrarily and one person has the final say. There are also metaphors that are resolute and decisive.

The people's courts in China are divided into four levels, namely, the Supreme People's Court, Higher People's Court, Intermediate People's Court and Basic People's Court. The second instance is the final instance, which means that other general cases can be tried by two courts, except that the first instance judgment or ruling in the Supreme People's Court is the final judgment and ruling.

Therefore, litigation is not a question of winning or losing. It is to maximize the benefits of reconciliation and minimize losses. On the other hand, all lawsuits are also for educating people.

◆ Cannabis is a drug, why can it be "legalized" in some countries?

Why can marijuana be legalized in some countries?

1. Underground transactions will breed a large number of violent crimes, and also allow "hard drugs" such as cocaine to flood into the market.

2. Illegalization of drugs will lead to extremely high drug prices. In order to get drug money, more people will get wealth through criminal means.

◆ Your body can't decide for itself? Why does the law restrict you from "self-harm"?

This sentence comes from the Book of Filial Piety. Original: The body is damaged, and parents dare not damage it. Filial piety begins.

The opposite view to legal paternalism is liberal paternalism. While respecting individual freedom, influence individual behavior through the system.

Legal paternalism, also known as "legal paternalism". Some people think that in some areas, citizens' freedom or autonomy may be restricted, regardless of their wishes, for their own interests.

Is the legal protection of property really equal?

◆ Chapter II Property Safety: Learn some laws to avoid pits and know some laws to stop losses.

Transfer from book club

The principle of material exchange, also known as Locard's principle of material exchange, was first put forward by Edmund Locard, a famous French investigator, in the course of criminal investigation at the beginning of the 20th century. The theory holds that the process of crime is actually a process of material exchange, and the actor, as a material entity, always contacts and exchanges with various material entities in the process of committing crimes; Therefore, material exchange is ubiquitous in criminal cases, and it is the * * * life body of criminal acts, and it is a law that does not depend on human will.

The meaning of the principle of material exchange

This theory involves a wide range of material exchange, which can be divided into two types:

(1) exchange of trace substances. That is, the exchange of surface morphology between people and objects. Such as fingerprints, footprints, traces of crime tools left at the crime scene, bite marks and scratches caused by fighting.

(2) Physical exchange can be divided into material exchange of tangible objects and material exchange of intangible objects. The former includes the exchange of micro-objects and macro-objects. Micro-exchange refers to the shedding and adhesion of particles in the process of crime, such as the transfer of fibers and biological cells. The exchange of macroscopic things refers to the things that the actor left at the scene or took away from the scene. The latter mainly refers to the exchange of different gases, such as the exchange of toxic gases and non-toxic gases, and the legacy of pungent odor.

(3) The exchange of impression materials, the reflection image of others and related materials left in people's minds, is usually considered as "impression trace". This impression trace is mainly perceived through hearing and vision. In the process of perception, the perceiver and the perceived are the objects of exchange, and the perceiver and the perceived are a kind of exchange. With the development of science and technology, people's impressions are also "extracted" by means of instruments and equipment without direct perception. For example, western countries have invented a method to solve crimes, which is called "thermal image capture". According to the principle of infrared radiation, as long as its temperature is higher than absolute zero, all objects will continuously emit infrared radiation to the surroundings, so they can be captured by "infrared cameras". Therefore. When criminals commit crimes, they will inevitably leave an "infrared hot image" at the crime scene, thus providing a basis for solving the case.

We can't know the criminal process, but we can feel the danger.

◆ Why is the loan you wrote despised by the judge?

◆ Why do lawyers never give cash when they borrow money?

◆ What should I do if I encounter "textbook cheating"?

Apply for enforcement

In addition, in practice, some laolai often borrow a lot of foreign debts under the guise of shell companies, and then hollow out the companies.

Classification of defective equity

(1) defective equity with no capital contribution at all

Usually, the capital verification institutions collude with shareholders in bad faith, issue false capital verification reports for shareholders without providing any cash or kind, deceive the company registration authority and defraud the business license; The banking department provides false capital credit certificate, defrauds the capital verification report and obtains the company's business license; After shareholders make capital contribution in currency, issue a capital verification report and obtain the company's business license, they will directly transfer their capital contribution in currency from the "special account" of the bank or the bank account of the capital verification institution to their own account for investment in their own company; Shareholders invest capital at a fixed price with property that does not belong to them, such as machinery and equipment. After the establishment of the company, they never delivered the physical objects to the company for actual possession and use. It is agreed between shareholders that one shareholder will contribute instead of another, and shareholders with empty shares can't actually have the rights of shareholders, which makes many companies actually become one-man companies.

(2) improper investment in defective equity

Improper capital contribution of defective equity refers to the situation that shareholders fail to fulfill all their capital contribution obligations in accordance with the agreement or the articles of association, or the time, method or procedure of capital contribution by shareholders do not meet the requirements of approval and registration by the company registration authority.

After the establishment of the company, it is found that the actual price of the physical objects, industrial property rights, non-patented technologies and land use rights as capital contributions is obviously lower than the price listed in the company's articles of association or capital verification report; Shareholders who contribute in cash will pay cash to the company after the company has been established for a period of time; Shareholders who have made contributions in kind, industrial property rights, non-patented technology and land use rights at a fixed price have not gone through the formalities of property right transfer after the company was established for half a year; In the form of physical investment, money is used instead of investment, or in the form of money, other property such as commodities is used instead of investment.

The person subject to breach of trust refers to the person subject to execution who has the ability to perform but fails to perform the obligations specified in the effective legal documents. Commonly known as "Lao Lai".

◆ Is the game account property? How to transfer, inherit and give?

◆ What is the "limited capacity" in civil law? Can "Xiong Haizi" spend money indiscriminately be recovered?

◆ What is unjust enrichment? What if I suddenly have more money in my account?

Did you get the money before the lawsuit was finished? Under what circumstances can I apply for "execution first"?

◆ How hateful is fancy plagiarism? How to make the other party lose money in the case of plagiarism?

◆ Is there such a good thing as a "free lawyer"? Under what circumstances will others help you with your lawyer's fees?

The first type: intellectual property disputes.

The second type: unfair competition cases.

The third type: the creditor's right to cancel.

The fourth type: it is clearly stipulated in the contract.

Fifth: local regulations

Conditions: you must win the case!

If your debtor maliciously fails to pay back the money, he will sell the house and car to relatives at a low price, so that you can't get the money. At this time, if you use traditional means of execution, you may end up with nothing. However, if the "creditor's cancellation right" is exercised, the debtor's car and house sales contracts are cancelled, and then these houses and cars are executed, the interests of creditors will be well protected.

It means that in civil activities, the will of the civil subject is independent and free from the illegal interference of state power and other parties. In other words, the civil subject decides the establishment, change and termination of civil legal relationship completely according to his own subjective judgment without illegal external force.

◆ Is it as simple as signing a guarantee? Is it really just a legend to be poor?

Chapter III Protect yourself by law: You can be strong without muscles.

◆ What is the correct posture for self-defense?

◆ How to effectively deal with cyber violence?

How to safely say "My lawyer will be here soon" to the police uncle?

Euphemistically express to the third party that lawyers are required to intervene; You can't just say. The core content should be Tai Chi. Give it to the lawyer. Can't play hardball, the relationship can't be stiff; The sooner lawyers get involved, the better; Don't fall into the trap of repeating questions. If you feel tired and bored, keep silent or slow down. Changing compulsory measures as soon as possible, as long as they are not detained, can greatly reduce psychological pressure and increase the efficiency of information communication; Break down the constitutive elements of crimes one by one, and pay attention to pocket charges and deal with them in advance. ...

◆ The sentence "Try not to make any noise if you can" is correct? How high is the cost of hitting people?

◆ Is the legal representative good? What should I do if my ID card is fraudulently used to register a company?

Chief Executive Officer (CEO) is a senior professional title, referred to as CEO. He is the top executive of an enterprise group, chaebol or administrative unit, and is in charge of administrative affairs.

Chief financial officer (also known as chief financial officer or chief financial officer; English: Chief Financial Officer (CFO) is the highest administrative officer in charge of finance in an enterprise group or chaebol. There is no clear and authoritative explanation for CFO in China, and there is no unified understanding in theoretical circles. The chief financial officer of an enterprise performs the financial functions of the owner. Theoretically, any enterprise can set up a chief financial officer, because this is the need for the enterprise owner to solve the problem of "insider control" and supervise the financial accounting activities of the enterprise. Therefore, the chief financial officer must be decided by the owner or owner's representative of the enterprise.

◆ Being a group owner can also lead to fire? How do group owners protect themselves?

1. Issue an announcement to regulate the behavior of group friends.

2. The group owner regularly supervises the content of group chat, and it is the responsibility to persuade and verbally warn the content that may be illegal.

3. If they fail, persuade them to quit the group chat.

4. Report to the relevant departments and draw a clear line with criminal acts.